CR 90-119 Ordinance Change - Definitions .
. � \ T Y O
. • G �
�
�;�
ti 5
^ May 30, 1990 � P K ' � Council Report: 90-119
ORDINANCE CHANGE - DEFINITIONS
Proposed Action.
Staff recommends approval of the following motion: Move to adopt
Resolution 90-62 approving Ordinance 90-682 changing certain
definitions relatinq to the flood plain.
Approval of this motion will change definitions as recommended by the
Department of Natural Resources.
overview.
A few months ago a new flood plain ordinance was approved by the City
Council. The flood plain ordinance was changed because the DNR
determined that the existing flood plain ordinance was minimally non-
compliant due to recent changes to federal requirements of the
National Flood Insurance Program. The new flood plain ordinance was
copied from a sample ordinance supplied by the DNR.
The DNR has reviewed the new ordinance and is requiring that three
definitions be changed. The DNR has indicated that the three existing
definitions need to be changed to their language to receive state
approval.
�
Staff explained that the DNR is requiring three definitions to be
changed in order to receive state approval. There was little
discussion on the changes.
The Commission unanimously recommended approval of Resolution No: Z90-
9 approving Ordinance No. 90-682 changing three definitions in the
flood plain ordinance.
Primary Issues to Consider.
o What are the consequences if the definitions are not changed?
o Why were not all the definitions changed when the flood plain
ordinance was changed?
o Will the new definitions change the meaning of the existing
definitions?
o What is the purpose of the Flood Plain Ordinance?
Supporting Documents.
o Detailed Background
o Analysis of Issues
o Alternatives
o Ordinance No. 90-682
o Resolution No. 90-62
�,
�' �'� ( r ,r / �
Nanc� S. Anderson
Plan r
--� CR: 90-119
Page 2
Detailed Backqround.
The following are the existing zoning ordinance definitions:
Basement: a portion of a building partly underground, but
having less than half of the floor to ceiling height below
the average grade of the adjoining ground.
Structure: anything constructed or erected on, or connected
to the ground.
Use - conditional: occupations, vocations, skills areas,
businesses, professions, or uses specifically designated in
each zoning use district which for their respective conduct,
exercise or performance in such designated use districts may
require reasonable but special, peculiar, unusual or
extraordinary limitations, facilities, plans, structures,
thoroughfares, conditions, modification or regulations in
such use district for the promotion or preservation of the
general public welfare, health, convenience or safety
therein and in the city, and therefore may be permitted in
such use district only by a conditional use permit.
^
Primary Issues to Consider.
o What are the consequences if the definitions are not changed?
If the definitions are not changed the DNR will not give State
approval of the Citys Flood Plain Ordinance and the City will not be
eligible in the National Flood Insurance Program.
o Why were not all the definitions changed when the flood plain
ordinance was changed?
The City received a sample flood plain ordinance which was copied
almost in its entirety as provided. There were some definitions that
were new which were included. There were also some definitions that
the existing zoning ordinance had and the language was very similar to
the sample ordinance. Many of the existing definitions that were
similar to the sample ordinance were not changed during this initial
revision stage. Now the DNR wants three definitions changed to their
language.
o Will the new definitions change the meaning of the existing
definitions?
--�
The new definitions are very similar to the existing definitions. The
new definitions will not change the meaning of the existing
definitions.
^ CR: 90-119
Page 3
o What is the purpose of the Flood Plain Ordinance?
The intent of the Flood Plain Ordinance is to minimize any potential
damage when a flood occurs by regulating the uses and development
along the flood plain.
Alternatives.
l. Approve the zoning amendment for new definitions. By
approving the new definitions the DNR will certify the flood
plain ordinance and the City will be eligible for the National
Flood Insurance Program.
2 . Deny the zoning amendment for new definitions. By denying the
new definitions the DNR will not certify the flood plain
ordinance and the City will not be eligible for the National
Flood Insurance Program.
3 . Continue for further information. If the Commission feels
that further information is needed the item should be
continued.
�
i�
---�
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 90-682
ORDINANCE CHANGING CERTAIN
DEFINITIONS IN THE ZONING ORDINANCE
BE IT ORDAINED by the City Council of the City of Hopkins as
follows:
That the Hopkins Zoning Ordinance No. 515 be and the same is
hereby enacted and adopted in place thereof the following
subsections:
Subd. 12 . Basement: any area of a structure, including crawl
spaces, having its floor or base subgrade (below ground level) on
all four sides, regardless of the depth of excavation below
ground level.
Subd. 110. Structure: anything constructed or erected on the
ground or attached to the ground or no-site utilities, including,
but not limited to, buildings. factories, sheds. detached
garages, cabins, manufactured homes, travel trailers/vehicles not
meeting the exemption criteria specified in section 545. 06 subd.
5. of the ordinance and other similar items.
�--�
Subd. 115. Use - conditional: a specific type of structure or
land use listed in the official control that may be allowed but
only after an in-depth review procedure and with appropriate
conditions or restrictions as provided in the official zoning
controls or building codes and upon a finding that: (1) certain
conditions as detailed in the zoning ordinance exist and (2) the
structure and/or land use conform to the comprehensive land use
plan if one exists and are compatible with the existing
neighborhood.
That the presently existing Hopkins Zoning Ordinance 515-570
is hereby amended and changed in accordance with the above
provision.
First Reading: June 5, 1990
Second Reading: June 19 , 1990
Date of Publication: July 4 , 1990
Date Ordinance Takes Effect: July 24 , 1990
^ Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk
� CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 90-62
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
AN ORDINANCE AMENDING DEFINITIONS TO THE FLOOD PLAIN
WHEREAS, an amendment, Ordinance No. 90-682 changing certain
definitions relating to 'basement' 'structure' and
'use' in the flood plain ordinance is hereby
approved.
WHEREAS, the procedural history of the amendment is as
follows:
1. That an amendment changing certain
definitions relating to the flood plain has
been proposed by the Department of Natural
Resources.
2 . That the Hopkins Planning Commission reviewed
such application on May 29, 1990.
3 . That the Hopkins Planning Commission,
pursuant to published notice, held a public
hearing on May 29, 1990; all persons present
,.-� at the hearing were given an opportunity to
be heard.
4 . That the written comments and analysis of the
City Staff and the Planning Commission were
considered.
NOW THEREFORE BE IT RESOLVED, that Ordinance No. 90-682
changing definitions relating to the flood plain
is hereby approved subject to the following
Findings of Fact:
1. That the Minnesota Department of Natural
Resources has required the change in
definitions.
Adopted this 5 day of June, 1990.
Nelson W. Berg, Mayor
ATTEST:
James A. Genellie, City Clerk
-�